With its majestic mountains, raging rivers, and clear skies, Colorado offers folks from all walks of life endless opportunities for adventure, thrills, and even danger. Perhaps best known for its vast wilderness and outdoor recreation, excitement can be found in Colorado over almost any mountain pass. With these recreational opportunities come risks. And unless you have substantial experience or training in some of the more extreme outdoor sports, a recreational guide service can be essential to having a good time while staying safe.
Typically, a key component of hiring a guide is signing a recreational waiver. Waivers are meant to relieve recreational sponsors from liability and responsibility if a participant is injured or killed while engaging in a recreational activity. Whether its skiing, mountain climbing, whitewater rafting, skydiving, rock climbing, snowmobiling, horseback riding, or four-wheeling, you will likely be asked to waive some of your legal rights before being taken out on an adventure with a guide.… » Read the full post
As Miracle Max noted in The Princess Bride: “There’s a big difference between all dead and mostly dead. Mostly dead is slightly alive.” So it is with Colorado judgments, which come with an expiration date that can be extended so long as the judgment is still in the “slightly alive” category. A county court judgment remains enforceable for six years and a district court judgment for twenty years. A judgment lien, which secures a creditor’s right to collect from the equity in a judgment debtor’s real property, is valid for six years and is secured by recording a transcript of the judgment with the county’s clerk and recorder’s office. These expiration dates can be extended, however, through a procedure known as revival.… » Read the full post
South Denver area law firm, Proctor Brant, PC, is pleased to announce attorneys Josh Proctor, Holly Bartuska and Drew Shively, have been recognized by Colorado Super Lawyers for 2020. Super Lawyers honors lawyers across more than 70 practice areas for outstanding service based on a patented selection process which includes independent research, peer nominations and peer evaluations. No more than five percent of attorneys in the state are selected.
Josh Proctor, co-founder of Proctor Brant, was selected to Colorado Super Lawyers in 2020 for the second year in a row. He was also previously designated to the list of Colorado Super Lawyers Rising Stars in 2009, 2010, 2011, 2012 and 2015.
Holly Bartuska and Drew Shively were both selected to Colorado Super Lawyers Rising Stars this year.… » Read the full post
U.S. Supreme Court Chief Justice John Roberts once characterized modern cell phones as “such a pervasive and insistent part of daily life that a proverbial visitor from Mars might conclude they were an important feature of human anatomy.”
With the transformation of our society from handshakes and paper to electronics, and from clunky computers to handheld super computers, a wrap agreement is a staple for contract formation in the 21st century.
These electronic agreements allow a business to require a consumer to agree to contractual terms of service prior to doing business. … » Read the full post
With Colorado’s population continuing to grow at a rapid rate, and with traffic volume outpacing infrastructure improvements, roadways throughout the state are becoming more and more crowded. Congested highways and surface streets used to be a mere “rush hour” annoyance, but Colorado’s roadways now seem to be congested no matter what time of day it is.
Whether driving to the ski slopes or the office, with increased congestion comes escalating tension and frustration, particularly with behavior of other drivers. We’re convinced that they’re “doing it wrong” – but are they? A review of Colorado’s traffic guidelines provides some insights into how to handle certain driving situations, and the answers may surprise you.
The Left Lane is Only for Passing (Unless Traffic is Too Congested to Merge Right)
We see them all the time – the slowpokes who seem to be just hanging out in the highway’s left lane, and who refuse to move over for the traffic stacking up behind them.… » Read the full post
Getting paid is a critical part of doing business, but the effort that’s occasionally required to actually get paid can be frustrating at times. The strength of your customer relationships and your diligence in managing accounts receivable are paramount to getting paid. However, sometimes additional action – including legal action – can be required in order to secure payment. The good news is that there are certain contractual provisions you can put in place that will make the collection of overdue payments less costly and much easier for you.
Ideally, a written agreement setting forth payment terms should be part of every transaction. That said, it’s useful to know that, generally speaking, a contract is not required to be in writing to be legally enforceable.… » Read the full post
Perhaps you’re a contractor in Colorado who has completed some work at a client’s home, but you haven’t been paid for your services. Or maybe you’ve hired a contractor to make repairs at your home, but the repairs were either not made according to building codes or they were left unfinished. Or perhaps you hired a contractor and it failed to pay its subcontractors, who are now looking to you, the property owner, for payment. Whatever the situation, it’s important to understand what mechanic’s liens are and how they operate in Colorado.
A mechanic’s lien is a method created by statute that permits a person who has conveyed labor, materials or services to secure an interest in another’s property to encourage and enforce payment.… » Read the full post
Many, if not most, people go through life without seeing the inside of a courtroom or having to deal with a legal dispute. This is a good thing. Those who have not been so fortunate know first-hand that even a minor legal dispute can be expensive and disruptive. For businesses that have been around for a while, needing legal assistance is typically a matter of “if,” not “when.”
If you have no prior involvement in civil litigation, or if your past experience left you dissatisfied, here are some tips for a productive and cost-effective experience with your attorneys.
At Proctor Brant, we’ve found that when clients hire an attorney sooner rather than later, gather case-related information promptly, and communicate openly with their attorney, it typically leads to more positive results all around.… » Read the full post
For most parents, it is easy to imagine one’s college-aged son or daughter making a seemingly innocuous choice, i.e., hosting a party where alcohol is served, without giving much thought to the potential outcomes. For a lawyer, it is similarly easy to imagine the grave consequences that could result from the decision to host such a party. Those worlds came together in Przekurat v. Torres, a case arising from a serious car accident that occurred after the underage driver attended a college party where the hosts served alcohol.
In its Przekurat opinion, issued September 10, 2018, the Colorado Supreme Court clarified an important issue on social host liability under Colorado’s Dram Shop Act, holding that a social host who provides a place to drink alcohol must have actual knowledge that a specific guest is underage to be held liable for any damages caused by that underage guest.… » Read the full post
In April of this year, the Colorado Supreme Court adopted a revised version of Colorado’s simplified civil procedure rule, C.R.C.P. 16.1. The revised version applies to cases filed on or after September 1, 2018 and includes changes that will affect how common claims are litigated. From a defense perspective, these changes may have a significant impact on the investigation, evaluation, and preparation of civil cases for potential settlement and trial.
First, Rule 16.1 will continue to apply presumptively to most common civil actions unless the filing party’s attorney certifies that the value of the party’s claims is reasonably believed to exceed $100,000. However, under the revised version of Rule 16.1, this certification will be subject to C.R.C.P. 11. Under the current rule, a plaintiff who wishes to be excluded from simplified civil procedure needs only complete a perfunctory opt-out process, which is not currently subject to Rule 11.… » Read the full post